FRIDLEY CITY CODE CHAPTER 405A. CABLE TELEVISION FRANCHISE. (Ord 1210) The City of Fridley, Minnesota, through, and by action of its City Council, hereby ORDAINS: That Chapter 405 is hereby repealed. That the City Code of the City of Fridley shall be amended to include a new Section 405A, which shall provide as follows: PREAMBLE The City of Fridley does ordain that it is in the public interest to permit the use of public rights- of-way and easements for the construction, maintenance and operation of a cable television system under the terms of this Franchise; said public purpose being specifically the enhancement of communications within the City, the expansion of communications opportunities outside the City, and the provision of programming of a truly local interest. 405A.01. STATEMENT OF INTENT AND PURPOSE 1. Statement of Intent and Purpose. The City intends, by the adoption of this Franchise Ordinance, to bring about the continued development and operation of a non-exclusive cable television system. This continued development can contribute significantly to the communications needs and desires of many individuals, associations and institutions within the City, and to promote the health, safety and welfare of its citizens. This Ordinance complies with the Minnesota franchise standards set forth in Minn. Stat.§238.084. 405A.02. SHORT TITLE This ordinance shall be known and cited as the "City of Fridley Cable Television Franchise Ordinance: Time Warner Cable". Within this document it shall also be referred to as "this Franchise" or "the Franchise". 405A.03. DEFINITIONS For the purpose of this Franchise, and to the extent not inconsistent with the definitions and terms contained in 47 U.S.C. §522, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, Ordinance No. 1210 Page 2 words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The words Fridley City Code 405A.03.13 "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 1. Basic Service. The service tier which includes the retransmission of local television broadcast signals. 2. Cable Mile. A mile of cable bearing strand. 3. Cable Service. The one-way transmission to Subscribers of (i) video programming, (ii) other programming service, and Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service; or as Section 602(6) of the Cable Act (47 U.S.C. §522(6)) may be amended by subsequent statute or regulation. 4. Channel. A portion of the electromagnetic spectrum or fiber optic capacity that is capable of carrying one video signal, in either analog or digital form. 5. Class IV Channel. A signaling path provided by the System to transmit signals of any type from a Subscriber terminal to another point in the System. 6. City. The City of Fridley, Minnesota, a municipal corporation in the State of Minnesota or its delegations. The City Council is the authority of the City. 7. Complaint. Any verbal or written inquiry, allegation or assertion made by a Person which requires subsequent corrective action to the System or any portion thereof, or raises an objection to the programming or business practices of Grantee. The term "Complaint" does not include an inquiry which is immediately answered by the Grantee. 8. Converter. An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber and by an appropriate channel selector also permits a Subscriber to view all signals included in the Basic Service delivered at designated converter dial locations. 9. Drop. The cable that connects the tap to the Subscriber’s ground block. 10. FCC. The Federal Communications Commission or a designated representative. 11. Franchise Administrator. The City Manager of the City or the City Manager’s designee who shall be responsible for the continuing administration of the Franchise. 12. Fundamental Corporate Change. The sale or transfer or a majority of a corporation’s assets; merger, including a parent and its subsidiary corporation; consolidation; or creation of a subsidiary corporation. 13. Grantee. Time Warner Cable Inc., its agents, employees, lawful successors, transferees or assignees. Fridley City Code 405A.03.21 14. Gross Revenues. All cash, or other consideration derived directly or indirectly from the operation of the System to provide Cable Services in the City by the Grantee, including, but not limited to, Basic Service revenues, any other service tier revenues, including expanded Cable Service revenues, home shopping revenues, viewership studies revenues resulting from the lease of Channels and all other revenues of any kind received from the operation of the Cable System to provide Cable Service. This definition is intended to be read to reach as broadly as possible to encompass all revenues derived from Grantee’s operation within Grantor’s jurisdiction, subject only to the limitations imposed by federal or state law. Gross Revenues shall not include: 1) any amount collected by the Grantee from Subscribers for PEG purposes (as hereinafter defined); 2) the revenues of any Person where such revenues have been included in Grantee’s revenues so as to preclude double imposition of franchise fees; 3) any taxes on services furnished by Grantee which are imposed upon any Subscriber or user by the state, City or other governmental unit and collected by Grantee on behalf of said governmental unit (a franchise fee is not such a tax) or 4) bad debt. This sum shall be the basis for computing the fee imposed pursuant to Fridley Cable Code, Section 405A.10. 15. Installation. The act of connecting the System from the tap to the Subscriber’s ground block so that Cable Service may be received by the Subscriber. 16. Normal Business Hours. Those hours during which most similar businesses in the City are open to serve customers. In all cases, “Normal Business Hours” must include some evening hours, at least one night per week and/or some weekend hours. 17. Normal Operating Conditions. Those service conditions which are within the control of Grantee. Those conditions which are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the System. 18. Pay Television. The delivery over the System of per-Channel or per-program audio- visual signals to Subscribers for a fee or charge, in addition to the charge for Basic Service. 19. Person. Any corporation, partnership, proprietorship, limited liability entity, individual or organization authorized to do business in the State of Minnesota, or any natural Person. 20. Public Property. Any real property owned by any governmental unit other than a Street. 21. Residential Unit. Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more individuals. The term Residential Unit is not limited to units occupied by persons as their usual place of residence and includes units rented periodically or used only as seasonal homes. Fridley City Code 405A.04.2. 22. Service Interruption. The loss of picture or sound on one or more cable channels. 23. Street. The surface of and the space above and below any public Street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right- of-way now or hereafter held by the City over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a System. 24. Subscriber. Any Person or entity that lawfully receives a Cable Service provided by Grantee by means of or in connection with the System whether or not a fee is paid for such Cable Service. 25. System. Grantee’s facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within the City, but such term does not include (A) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (B) a facility that serves Subscribers or facilities without using any public right-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable Communications Policy Act of 1984, except that such facility shall be considered a System to the extent such facility is used in the transmission of video programming directly to Subscribers; (D) any facilities of any electric utility used solely for operating its electric utility systems; or (E) an open video system that complies with Section 653 of the Communications Act of 1934. 26. Tapping. Monitoring communications signals, where the monitor is not an authorized monitor of the communications, whether the communications is monitored by visual or electronic means, for any purpose whatsoever. 27. Two-way System. A System that can pass video, voice, and/or data signals in both directions simultaneously. 405A.04. GRANT OF AUTHORITY AND GENERAL PROVISIONS 1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions contained herein.